What are the penalties for Criminal Possession of a Weapon in the First Degree?

This offense carries a prison sentence ranging from a minimum of five years to a maximum of 25 years. If the accused has a prior felony conviction, the minimum prison sentence increases to ten years. Additionally, a fine of up to $30,000 may be imposed, and the conviction could have long-term legal and personal consequences.

What must the prosecution prove to obtain a conviction under NY Penal Law § 265.04?

The prosecution must establish that the accused knowingly possessed either an explosive substance with unlawful intent or ten or more firearms. They must also prove intent if explosives are involved, meaning the defendant intended to use them unlawfully against a person or property. Any failure to prove these elements beyond a reasonable doubt could weaken the prosecution’s case.

How does New York classify this offense, and why is it considered severe?

New York classifies Criminal Possession of a Weapon in the First Degree as a class B violent felony. The severity of this classification is due to the potential threat to public safety posed by possessing explosives or a significant number of firearms. This designation also influences sentencing, parole eligibility, and future interactions with the criminal justice system.

What is an example of a case that could lead to charges under this law?

A person found storing 12 unregistered firearms in a warehouse, knowing they are intended for illegal distribution, could be charged under this law. Another example is someone caught with an explosive device and evidence indicating an intention to use it unlawfully. In both cases, the elements of the offense—possession and intent—would be key factors in the prosecution’s argument.

What defenses can be used against a charge of Criminal Possession of a Weapon in the First Degree?

Possible defenses include arguing that the search and seizure were unlawful, meaning evidence may be suppressed if obtained in violation of constitutional rights. Another defense is duress, where the defendant was coerced into possessing the weapons due to a threat of imminent harm. The defense strategy depends on the circumstances of each case and requires skilled legal representation.

What is the significance of an unlawful search and seizure defense?

The Fourth Amendment protects individuals from unlawful searches and seizures, meaning evidence obtained without a valid warrant or probable cause may be inadmissible in court. If law enforcement violated these constitutional rights, key evidence might be excluded, weakening the prosecution’s case. This defense can significantly impact the outcome and potentially lead to dismissal or reduction of charges.

How does duress serve as a legal defense?

Duress applies when an individual commits an unlawful act because they were threatened with imminent harm or death. In such cases, the defendant must prove they acted under coercion that a reasonable person in their position would have been unable to resist. If successful, this defense could lead to acquittal or reduced charges.

How can Lebedin Kofman LLP help if someone is charged with Criminal Possession of a Weapon in the First Degree?

At Lebedin Kofman LLP, we provide personalized and strategic legal representation to individuals facing serious weapons charges. Our team conducts thorough investigations, challenges improper evidence, and develops strong defense strategies tailored to each client’s situation. With extensive experience in New York’s criminal justice system, we fight aggressively to protect our clients’ rights and achieve the best possible outcome in their cases.

How can someone contact Lebedin Kofman LLP for legal assistance?

If you or a loved one is facing charges under NY Penal Law § 265.04, you can contact us at (646) 663-4430 for a free consultation. Our team is available to discuss your case, provide legal guidance, and explore defense options. You can also visit our office or handle everything remotely via phone and email for your convenience.

Criminal Possession of a Weapon in the First Degree - NYPL § 265.04

Q: What is Criminal Possession of a Weapon in the First Degree under New York law?

Criminal Possession of a Weapon in the First Degree, under NY Penal Law § 265.04, involves possessing an explosive substance with intent to use it unlawfully or possessing ten or more firearms. This offense is classified as a class B felony, which carries severe legal consequences. A conviction can result in a lengthy prison sentence, substantial fines, and long-term impacts on an individual’s personal and professional life.

Get Defense from Our Proven New York Attorney

Being charged under New York Penal Law § 265.04: Criminal Possession of a Weapon in the First Degree, carries severe legal consequences, including the possibility of a lengthy prison sentence and substantial fines. A conviction can profoundly impact one’s personal and professional life.

Our New York criminal defense attorneys at Lebedin Kofman LLP are dedicated to defending individuals facing such serious charges. We provide personalized legal strategies, thorough investigation, and steadfast advocacy to protect our clients’ rights. If you or someone you know is confronting such charges, consulting with the legal team at Lebedin Kofman LLP is a prudent step toward safeguarding your future.

Related Offenses:

Criminal Possession of a Weapon in the Second Degree – NYPL § 265.03

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Elements and Definitions

Under New York Penal Law § 265.04, an individual commits criminal possession of a weapon in the first degree if they:

Possess any explosive substance with the intent to use it unlawfully against another person or property.
Possess ten or more firearms.

This offense is classified as a class B felony.

Consideration	Details
Explosive Substance	Not explicitly defined in Penal Law; courts interpret it based on common understanding (e.g., People v. Cruz).
Presumption of Unlawful Intent	Possession without a license under Penal Law § 265.15(4) suggests intent to use unlawfully, but the jury is not required to infer it.
Operability	Firearms must be capable of discharging ammunition; defendant’s awareness of this is not required.
Firearm Definition	Penal Law § 265.00(3) includes pistols, revolvers, short-barreled shotguns/rifles, modified weapons under 26 inches, and assault weapons.

Key Considerations

Definition of “Explosive Substance”: While the Penal Law does not explicitly define “explosive substance,” courts have interpreted it according to its common understanding. For instance, in People v. Cruz, the Court of Appeals stated that terms like “explosive substance” are “susceptible of reasonable application in accordance with the common understanding of men.”
Presumption of Unlawful Intent: Under Penal Law § 265.15(4), possession of an explosive substance by an individual who is not licensed or authorized to possess it serves as presumptive evidence of intent to use it unlawfully against another person or property. This means that if the prosecution establishes knowing possession of an explosive substance without proper authorization, the jury may infer unlawful intent, though they are not required to do so.
Operability: The firearms in question must be operable, meaning they are capable of discharging ammunition. However, the defendant’s knowledge of the operability is not a requisite for possession charges.
Definition of “Firearm”: Per Penal Law § 265.00(3), a “firearm” includes:
- Any pistol or revolver.
- A shotgun with one or more barrels less than 18 inches in length.
- A rifle with one or more barrels less than 16 inches in length.
- Any weapon made from a shotgun or rifle that has been modified to have an overall length of less than 26 inches.
- An assault weapon.

Notably, antique firearms fall under specific exceptions. Working with a skilled New York attorney can provide clarity on the circumstances in which types of antique firearms and measures of storage are permissible under the law.

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Our Process

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Hypothetical Example

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John Doe is found in a storage unit with 12 unregistered handguns. The police were tipped off about suspicious activities at the unit. During the investigation, John admitted that he was holding the guns for a friend but knew they were intended to be sold on the black market. This scenario could lead to charges under NY Penal Law § 265.04 due to the possession of more than ten firearms.

Possible Legal Defenses

Defending charges under Penal Law § 265.04 can involve several strategies, depending on the specifics of the case:

Unlawful Search and Seizure as a Defense

The Fourth Amendment of the U.S. Constitution safeguards individuals against unreasonable searches and seizures. If law enforcement officers obtain evidence through a search that violates these constitutional protections, such evidence may be suppressed, rendering it inadmissible in court. This includes lacking probable cause to believe that a crime was being committed. Additionally, even with a warrant, if law enforcement exceeds the scope of the warrant or conducts the search in an unreasonable manner, it could constitute a violation of the Fourth Amendment.

Duress

The defense of duress involves a situation where an individual commits a criminal act because they are coerced by the threat of imminent physical harm or death. Under New York Penal Law § 40.00, duress can be a valid defense if the defendant engaged in the unlawful conduct because they were compelled to do so by the use or threatened imminent use of unlawful physical force upon them or a third person, which a person of reasonable firmness in their situation would have been unable to resist.

A skilled New York criminal defense attorney can assist in creating a legal defense tailored to the circumstances of your case.

Penalties

New York Penal Law § 265.04, Criminal Possession of a Weapon in the First Degree is classified as a class B violent felony.

This classification carries significant legal consequences upon conviction:

Incarceration: A determinate prison sentence ranging from a minimum of 5 years to a maximum of 25 years. For individuals with a prior felony conviction, the minimum sentence increases to 10 years.
Fines: A fine of up to $30,000 may be imposed.

The designation of this offense as a violent felony underscores the severity with which New York State addresses crimes involving the possession of explosives with unlawful intent or the accumulation of multiple firearms. This classification not only influences sentencing but also affects parole eligibility and future interactions with the criminal justice system.

Given the serious nature of these penalties and the violent felony classification, it is crucial for individuals facing such charges to seek experienced legal counsel to navigate the complexities of the legal system and explore potential defenses.

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New York Penal Law § 265.04: Criminal Possession of a Weapon in the First Degree

A person is guilty of criminal possession of a weapon in the first degree when such person:

possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
possesses ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.

Experienced Legal Assistance from Lebedin Kofman LLP

Criminal possession of a weapon in the first degree under NY Penal Law § 265.04 represents one of the most serious charges related to firearm possession in New York. It aims to curb illegal weapon trafficking and reduce gun violence by imposing stringent penalties on those found in possession of large quantities of weapons. Legal defenses are available, but they require a nuanced understanding of the law and skilled legal representation.

Our Manhattan criminal defense attorneys at Lebedin Kofman LLP are committed to providing robust defense strategies tailored to the unique circumstances of each case. With a deep understanding of New York’s legal system, we work diligently to protect our clients’ rights throughout the legal process. Our comprehensive approach includes thorough investigation, critical analysis of evidence, and strategic advocacy, all aimed at achieving the most favorable outcomes for those accused of serious offenses. If you or a loved one is facing such charges, get experienced assistance today.

Contact (646) 663-4430 to schedule a complimentary consultation and learn more about how we can assist you.

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